DETAILED ACTION
The present application, filed on 7/26/2024 is being examined under the AIA first inventor to file provisions.
The following is a FINAL Office Action in response to Applicant’s amendments filed on 9/18/2026.
a. Claims 2, 4, 7, 9, 12, 23 are amended
b. Claims 1, 5, 8, 10, 15, 18, 20 are cancelled
Overall, claims 2-4, 6-7, 9, 11-14, 16-17, 19, 21-27 are pending and have been considered below.
Claim Rejections - 35 USC § 101
35 USC 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefore, subject to the conditions and requirements of this title.
Claims 2-4, 6-7, 9, 11-14, 16-17, 19, 21-27 are rejected under 35 USC 101 because the claimed invention is not directed to patent eligible subject matter. The claimed matter is directed to a judicial exception, i.e. an abstract idea, not integrated into a practical application, and without significantly more.
Per Step 1 of the multi-step eligibility analysis, claims 2-4, 6-7, 9, 22-24 are directed to a computer implemented method and claims 12-14, 16-17, 19, 25-27 are directed to a system.
Thus, on its face, each independent claim and the associated dependent claims are directed to a statutory category of invention.
[INDEPENDENT CLAIMS]
Per Step 2A.1. Independent claim 2, (which is representative of independent claims 12) is rejected under 35 USC 101 because the independent claim is directed to an abstract idea, a judicial exception, without reciting additional elements that integrate the judicial exception into a practical application.
The limitations of the independent claim 2 (which is representative of independent claims 12) recite an abstract idea, shown in bold below:
[A] A method for resolving advertisement placement conflicts comprising:
[B] receiving, at an advertisement placement server configured to communicate with a user device, a number of advertisements over a network,
[C] wherein each advertisement, of the number of advertisements, is received from a separate advertiser for placing their advertisement in a plurality of advertisement slots that are less in number than the number of received advertisements;
[D] simulating, by a processor of the advertisement placement server, an assignment of the number of received advertisements based on a parameter associated with each separate advertiser;
[E] wherein the parameter comprises an importance score retrieved from an electronic
database,
wherein the advertisement placement server
[F] determines whether a system-defined importance score associated with the parameter can be overridden by a user-defined importance score, and
[G] sets the importance score to the user-defined importance score only when overriding is permitted;
[H] determining, by the processor of the advertisement placement server, based on the simulating, that there is a conflict that prevents assigning the number of received advertisements to the lesser number of plurality of advertisement slots; and
in response to determining the conflict:
[I] assigning, by the processor of the advertisement placement server, a first advertisement slot, from the plurality of advertisement slots, to a first advertiser, from the separate advertisers, based on the first advertiser having a first parameter associated with a contract between a provider of the plurality of advertisement slots and the first advertiser;
[J] wherein the contract comprises an obligation to assign the first advertisement slot to the first advertiser;
[K] splitting, by the processor of the advertisement placement server, a conflicting parameter associated with a second advertiser into a first sub-parameter associated with a second advertisement slot and a second sub-parameter associated with a third advertisement slot;
[L] generating, by the processor of the advertisement placement server, a plurality of different configurations of the parameters associated with other advertisers, from the separate advertisers, that do not have the first parameter associated with the contract by iteratively removing or modifying one or more parameters or the sub-parameters of the parameters associated with the other advertisers using a feasibility relaxation algorithm for mixed integer linear programs,
[M] assigning, by the processor of the advertisement placement server, remaining slots, from the plurality of advertisement slots, to a selected subset of the other advertisers based at least in part on one of the plurality of different configurations comprising a highest total priority importance score of the one or more parameters or sub-parameters compared to total importance scores of other of the one or more parameters or sub-parameters of the plurality of different configurations,
[N] wherein the selected configuration minimizes a mathematical change to the total importance score and minimizes a total count of conflict parameters removed.
Independent claim 2 (which is representative of independent claim 12) recites: simulating an assignment of received advertisements and determine a system-defined importance score and if the importance score can be overwritten ([D], [F]); setting a user-defined importance score and determine that there is a conflict for providing the advertisement ([G], [H]); assigning a first advertisement slot and splitting a conflicting parameter ([I], [K]); generating a plurality of different parameter configurations and assigning the remaining slots ([L], [M]), which, based on the claim language and in view of the application disclosure, represents a process aimed at: “selecting for placement advertisements originating from multiple advertisers by resolving placement conflicts”.
This is a combination that, under its broadest reasonable interpretation, covers agreements in the form of advertising, marketing, sales activities or behaviors, which falls under Certain Methods of Organizing Human Activity, i.e., Commercial or Legal Interactions grouping of abstract ideas (see MPEP 2106.04(a)(2)).
In addition, or alternatively, this is a combination that, under its broadest reasonable interpretation, covers agreements of reasonable performance of limitations expressing observation, evaluation in the human mind. Nothing in the claim elements precludes the steps from being practically performed in the human mind. For example, the step “simulating, by a processor of the advertisement placement server, an assignment of the number of received advertisements based on a parameter associated with each separate advertiser”, as drafted in the context of this claim, encompasses the user manually or mentally making a simulation, without physical aid. Further, the step “determines whether a system-defined importance score associated with the parameter can be overridden by a user-defined importance score”, as drafted in the context of this claim, encompasses the user manually or mentally judging if an importance score can be overridden, without physical aid. Further, the step “sets the importance score to the user-defined importance score only when overriding is permitted”, as drafted in the context of this claim, encompasses the user manually or mentally conditionally sets the importance score, without physical aid. Further, the step “determining, by the processor of the advertisement placement server, based on the simulating, that there is a conflict that prevents assigning the number of received advertisements to the lesser number of plurality of advertisement slots”, as drafted in the context of this claim, encompasses the user manually or mentally determines that there is a conflict, without physical aid. Further, the step “assigning, by the processor of the advertisement placement server, a first advertisement slot, from the plurality of advertisement slots, to a first advertiser, from the separate advertisers, based on the first advertiser having a first parameter associated with a contract between a provider of the plurality of advertisement slots and the first advertiser;”, as drafted in the context of this claim, encompasses the user manually or mentally assigns an advertisement slot, without physical aid. Further, the step “splitting, by the processor of the advertisement placement server, a conflicting parameter associated with a second advertiser into a first sub-parameter associated with a second advertisement slot and a second sub-parameter associated with a third advertisement slot”, as drafted in the context of this claim, encompasses the user manually or mentally distributes the conflicting parameters, without physical aid. Further, the step “generating, by the processor of the advertisement placement server, a plurality of different configurations of the parameters associated with other advertisers, from the separate advertisers, that do not have the first parameter associated with the contract by iteratively removing or modifying one or more parameters or the sub-parameters of the parameters associated with the other advertisers using a feasibility relaxation algorithm for mixed integer linear programs”, as drafted in the context of this claim, encompasses the user manually or mentally generates parameter configurations, without physical aid. Further, the step “assigning, by the processor of the advertisement placement server, remaining slots, from the plurality of advertisement slots, to a selected subset of the other advertisers based at least in part on one of the plurality of different configurations comprising a highest total priority importance score of the one or more parameters or sub-parameters compared to total importance scores of other of the one or more parameters or sub-parameters of the plurality of different configurations”, as drafted in the context of this claim, encompasses the user manually or mentally conditionally assigning the advertisement slots, without physical aid. These limitations fall under the Mental Processes, i.e., Concepts Performed in the Human Mind grouping of abstract ideas (see MPEP 2106.04(a)(2)). The use of a physical aid would not negate the mental nature of this limitation (see MPEP 2106.04(a)(2) iii B)
These limitations fall under the Mental Processes, i.e., Concepts Performed in the Human Mind grouping of abstract ideas (see MPEP 2106.04(a)(2)). The use of a physical aid would not negate the mental nature of this limitation (see MPEP 2106.04(a)(2) iii B)
Accordingly, it is concluded that independent claim 2 (which is representative of independent claims 12) recites an abstract idea that corresponds to a judicial exception.
[INDEPENDENT CLAIMS – Additional Elements]
Per Step 2A.2. The identified abstract idea is not integrated into a practical application because the additional elements in the independent claims only amount to instructions to apply the judicial exception to a computer, or are a general link to a technological environment (see MPEP 2106.05(f); MPEP 2106.05(h)).
For example, the additional elements “wherein the parameter comprises an importance score”, “wherein the contract comprises an obligation to assign the first advertisement slot to the first advertiser”, as applied to the advertisements, are nothing more than (a) descriptive limitations of claim elements, such as describing the nature, structure and/or content of other claim elements, or (b) general links to the computing environment, which amount to instructions to “apply it,” or equivalent (MPEP 2106.05(f)).
These qualifiers of the independent claims do not preclude from carrying out the identified abstract idea “selecting for placement advertisements originating from multiple advertisers by resolving placement conflicts”, and do not serve to integrate the identified abstract idea into a practical application.
The additional steps in the independent claims, shown not bolded above, recite: receiving advertisements over a network ([B]). When considered individually, they amount to nothing more than receiving data, processing data, storing results or transmitting data that serves merely to implement the abstract idea using computing components for performing computer functions (corresponding to the words “apply it” or an equivalent), or merely uses a computer as a tool to perform the identified abstract idea. Thus, it is reasonable to conclude that these claim elements do not integrate the identified abstract idea (“selecting for placement advertisements originating from multiple advertisers by resolving placement conflicts”) into a practical application (see MPEP 2106.05(f)(2)).
Therefore, the additional steps of independent claim 2 (which is representative of independent claims 12) do not integrate the identified abstract idea into a practical application and the claims remain a judicial exception.
Per Step 2B. Independent claim 2 (which is representative of claims independent 12) does not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when the independent claim is reevaluated as a whole, as an ordered combination under the considerations of Step 2B, the outcome is the same like under Step 2A.2.
Overall, it is concluded that independent claims 2, 12 are deemed ineligible.
[DEPENDENT CLAIMS]
Dependent claim 3, which is representative of claim 13, recites: wherein the feasibility relaxation algorithm for mixed integer linear programs is configured to
generate the plurality of different configurations based on violating a smallest number of parameters and minimizing a number of conflict parameters removed from the plurality of parameters
When considered individually, these added claim elements further elaborate on the abstract idea identified in the independent claims, because the dependent claim continues to recite the identified abstract idea: “selecting for placement advertisements originating from multiple advertisers by resolving placement conflicts”. The elements in this dependent claim are comparable to performance of limitations expressing mathematical concepts like mathematical relationships. These fall under the Mathematical Concepts. i.e., mathematical relationships, mathematical formulas or equations, or mathematical calculations grouping of abstract ideas (see MPEP 2106.04(a)(2) I).
The dependent claim elements have the same relationship to the underlying abstract idea (“selecting for placement advertisements originating from multiple advertisers by resolving placement conflicts”) as outlined in the independent claims analysis above. Thus, it is readily apparent that the dependent claim elements are not directed to any specific improvements of the independent claims and do not practically or significantly alter how the identified abstract idea would be performed. When considered as a whole, as an ordered combination, the dependent claim further elaborates on the previously identified abstract idea (“selecting for placement advertisements originating from multiple advertisers by resolving placement conflicts”).
Therefore, dependent claim 3 (which is representative of dependent claim 13) is deemed ineligible.
Dependent claim 4, which is representative of dependent claim 14, recites:
determining by the advertisement placement server that an advertisement from a second advertiser, from the separate advertisers, can be assigned to an advertisement slot on a different day; and
in response to determining that the advertisement from the second advertiser can be assigned to an advertisement slot on the different day,
assigning by the advertisement placement server a low importance score to the parameter associated with the second advertiser.
When considered individually, these added claim elements further elaborate on the abstract idea identified in the independent claims, because the dependent claim continues to recite the identified abstract idea: “selecting for placement advertisements originating from multiple advertisers by resolving placement conflicts”. The elements in this dependent claim are comparable to receiving/transmitting data, processing data, storing results or transmitting data that serves merely to implement the abstract idea using computing components for performing computer functions (corresponding to the words “apply it” or an equivalent), or merely uses a computer as a tool to perform the identified abstract idea. Thus, it is reasonable to conclude that these claim elements do not integrate the identified abstract idea (“selecting for placement advertisements originating from multiple advertisers by resolving placement conflicts”) into a practical application (see MPEP 2106.05(f)(2)).
The dependent claim elements have the same relationship to the underlying abstract idea (“selecting for placement advertisements originating from multiple advertisers by resolving placement conflicts”) as outlined in the independent claims analysis above. Thus, it is readily apparent that the dependent claim elements are not directed to any specific improvements of the independent claims and do not practically or significantly alter how the identified abstract idea would be performed. When considered as a whole, as an ordered combination, the dependent claim further elaborates on the previously identified abstract idea (“selecting for placement advertisements originating from multiple advertisers by resolving placement conflicts”).
Therefore, dependent claim 4 (which is representative of dependent claim 14) is deemed ineligible.
Dependent claim 7, which is representative of dependent claim 17, recites:
determining by the advertisement placement server that assigning the remaining slots to the selected subset of the other advertisers does not result in resolving the conflict; and
in response to determining that the conflict is not resolved,
generating by the advertisement placement server for display a notification to a user that the conflict cannot be resolved.
When considered individually, these added claim elements further elaborate on the abstract idea identified in the independent claims, because the dependent claim continues to recite the identified abstract idea: “selecting for placement advertisements originating from multiple advertisers by resolving placement conflicts”. The elements in this dependent claim are comparable to receiving/transmitting data, processing data, storing results or transmitting data that serves merely to implement the abstract idea using computing components for performing computer functions (corresponding to the words “apply it” or an equivalent), or merely uses a computer as a tool to perform the identified abstract idea. Thus, it is reasonable to conclude that these claim elements do not integrate the identified abstract idea (“selecting for placement advertisements originating from multiple advertisers by resolving placement conflicts”) into a practical application (see MPEP 2106.05(f)(2)).
The dependent claim elements have the same relationship to the underlying abstract idea (“selecting for placement advertisements originating from multiple advertisers by resolving placement conflicts”) as outlined in the independent claims analysis above. Thus, it is readily apparent that the dependent claim elements are not directed to any specific improvements of the independent claims and do not practically or significantly alter how the identified abstract idea would be performed. When considered as a whole, as an ordered combination, the dependent claim further elaborates on the previously identified abstract idea (“selecting for placement advertisements originating from multiple advertisers by resolving placement conflicts”).
Therefore, dependent claim 7 (which is representative of dependent claim 17) is deemed ineligible.
Dependent claim 9, which is representative of dependent claim 19, recites:
ranking by the advertisement placement server each parameter from the separate advertisers based on a respective importance score,
wherein a highest-ranked parameter is associated with a lowest importance score and a lowest-ranked parameter is associated with a highest importance score.
generating by the advertisement placement server the plurality of different configurations of the parameters associated with the other advertisers that do not have the parameter associated with the contract comprises removing the highest-ranked parameter.
When considered individually, these added claim elements further elaborate on the abstract idea identified in the independent claims, because the dependent claim continues to recite the identified abstract idea: “selecting for placement advertisements originating from multiple advertisers by resolving placement conflicts”. The elements in this dependent claim are comparable to “sorting information” i.e. comparing data, which has been recognized by a controlling court as "well-understood, routine and conventional computing functions" when claimed generically as they are in these dependent claims. Thus, it is reasonable to conclude that these claim elements do not integrate the identified abstract idea (“selecting for placement advertisements originating from multiple advertisers by resolving placement conflicts”) into a practical application (see MPEP 2106.05(d) II)).
The dependent claim elements have the same relationship to the underlying abstract idea (“selecting for placement advertisements originating from multiple advertisers by resolving placement conflicts”) as outlined in the independent claims analysis above. Thus, it is readily apparent that the dependent claim elements are not directed to any specific improvements of the independent claims and do not practically or significantly alter how the identified abstract idea would be performed. When considered as a whole, as an ordered combination, the dependent claim further elaborates on the previously identified abstract idea (“selecting for placement advertisements originating from multiple advertisers by resolving placement conflicts”).
Therefore, dependent claim 9 (which is representative of dependent claim 19) is deemed ineligible.
Dependent claim 11, which is representative of dependent claim 21, recites:
assign the remaining slots to the other advertisers that do not have the parameter associated with the contract.
When considered individually, these added claim elements further elaborate on the abstract idea identified in the independent claims, because the dependent claim continues to recite the identified abstract idea: “selecting for placement advertisements originating from multiple advertisers by resolving placement conflicts”. The elements in this dependent claim are comparable to receiving/transmitting data, processing data, storing results or transmitting data that serves merely to implement the abstract idea using computing components for performing computer functions (corresponding to the words “apply it” or an equivalent), or merely uses a computer as a tool to perform the identified abstract idea. Thus, it is reasonable to conclude that these claim elements do not integrate the identified abstract idea (“selecting for placement advertisements originating from multiple advertisers by resolving placement conflicts”) into a practical application (see MPEP 2106.05(f)(2)).
The dependent claim elements have the same relationship to the underlying abstract idea (“selecting for placement advertisements originating from multiple advertisers by resolving placement conflicts”) as outlined in the independent claims analysis above. Thus, it is readily apparent that the dependent claim elements are not directed to any specific improvements of the independent claims and do not practically or significantly alter how the identified abstract idea would be performed. When considered as a whole, as an ordered combination, the dependent claim further elaborates on the previously identified abstract idea (“selecting for placement advertisements originating from multiple advertisers by resolving placement conflicts”).
Therefore, dependent claim 11 (which is representative of dependent claim 21) is deemed ineligible.
Dependent claim 23, which is representative of dependent claim 26, recites: in response to determining the conflict,
generating for display an indication of the conflict.
When considered individually, these added claim elements further elaborate on the abstract idea identified in the independent claims, because the dependent claim continues to recite the identified abstract idea: “selecting for placement advertisements originating from multiple advertisers by resolving placement conflicts”. The elements in this dependent claim are comparable to receiving/transmitting data, processing data, storing results or transmitting data that serves merely to implement the abstract idea using computing components for performing computer functions (corresponding to the words “apply it” or an equivalent), or merely uses a computer as a tool to perform the identified abstract idea. Thus, it is reasonable to conclude that these claim elements do not integrate the identified abstract idea (“selecting for placement advertisements originating from multiple advertisers by resolving placement conflicts”) into a practical application (see MPEP 2106.05(f)(2)).
The dependent claim elements have the same relationship to the underlying abstract idea (“selecting for placement advertisements originating from multiple advertisers by resolving placement conflicts”) as outlined in the independent claims analysis above. Thus, it is readily apparent that the dependent claim elements are not directed to any specific improvements of the independent claims and do not practically or significantly alter how the identified abstract idea would be performed. When considered as a whole, as an ordered combination, the dependent claim further elaborates on the previously identified abstract idea (“selecting for placement advertisements originating from multiple advertisers by resolving placement conflicts”).
Therefore, dependent claim 11 (which is representative of dependent claim 21) is deemed ineligible.
Dependent claims 6, 22, 24 which are representative of dependent claims 16, 25, 27, respectively, recite:
wherein assigning the remaining slots to the selected subset of the other advertisers results in resolving the conflict.
wherein the highest total importance score of the one or more parameters comprises a mathematical sum of all importance scores of the one of the plurality of different configurations.
wherein the conflict that prevents assigning the number of received advertisements comprises not satisfying one or more parameters associated with each separate advertiser.
These further elements in the dependent claims do not perform any claimed method steps. They describe the nature, structure and/or content of other claim elements – removing/modifying parameters; the assigning of slots; the contract guarantees – and as such, cannot change the nature of the identified abstract idea (“selecting for placement advertisements originating from multiple advertisers by resolving placement conflicts”), from a judicial exception into eligible subject matter, because they do not represent significantly more (see MPEP 2106.07). The nature, form or structure of the other claim elements themselves do not practically or significantly alter how the identified abstract idea would be performed and do not provide more than a general link to a technological environment.
Therefore, dependent claims 3, 6, 10 (which are representative of dependent claims 13, 16, 20, respectively) are deemed ineligible.
When the dependent claims are considered as a whole, as an ordered combination, the claim elements noted above appear to merely apply the abstract concept to a technical environment in a very general sense. The most significant elements, which form the abstract concept, are set forth in the independent claims. The fact that the computing devices and the dependent claims are facilitating the abstract concept is not enough to confer statutory subject matter eligibility, since their individual and combined significance do not transform the identified abstract concept at the core of the claimed invention into eligible subject matter. Therefore, it is concluded that the dependent claims of the instant application, considered individually, or as a as a whole, as an ordered combination, do not amount to significantly more (see MPEP 2106.07(a)II).
In sum, claims 2-4, 6-7, 9, 11-14, 16-17, 19, 21-27 are rejected under 35 USC 101 as being directed to non-statutory subject matter.
Examiner Remarks
No art rejection has been applied to the instant set of claims, as a result of the amendments. The identified prior art of record does not disclose:
splitting, by the processor of the advertisement placement server, a conflicting parameter associated with a second advertiser into a first sub-parameter associated with a second advertisement slot and a second sub-parameter associated with a third advertisement slot;
wherein the advertisement placement server determines whether a system-defined
importance score associated with the parameter can be overridden by a user-defined importance
score, and sets the importance score to the user-defined importance score only when overriding
is permitted;
The prior art made of record and not relied upon which, however, is considered pertinent to applicant's disclosure:
US 20090248513 A1 Aggarwal; Gagan et al. ALLOCATION OF PRESENTATION POSITIONS Co-performance measurements can be determined for a plurality of content items, each co-performance measurement being associated with a corresponding content item and each co-performance measurement being a measure of the effect of the corresponding content item on the performance of one or more other content items that are presented with the corresponding content item. A set of content items can be selected for presentation to a viewer, wherein the set of content items comprises the content items that maximize a cumulative performance of the set of content items. Each content item can be assigned to a presentation position based on the co-performance measurement of each content item.
US 20070028297 A1 Troyansky; Lidror et al. Method and system for information leak prevention A method for mitigating false positive type errors while applying an information leak prevention policy, the method comprising the computer implemented steps of: defining at least one positive criterion for a positive set, wherein the positive criterion comprises at least one indicator of a possible breach of the information leak prevention policy; defining at least one negative criterion for a negative set, wherein the negative criterion comprises at least one indicator of benign traffic; establishing an ambiguity set in association with an intersection between the positive set and the negative set, such that information items in the intersection enter the ambiguity set; defining at least one ambiguity resolution criterion for resolving the ambiguity; monitoring and analyzing electronic traffic, where each information item in the traffic is searched for matches with the positive set; checking for membership of each item in the positive set in the ambiguity set; resolving ambiguities using one of the ambiguity resolution criterion for each member of the ambiguity set and removing items from the positive set accordingly, and applying information leak prevention policy for all items remaining in the positive set following the removal of items using ones of the ambiguity resolution criteria.
US 20080297408 A1 Dai; Liwen L. et al. Partial search carrier-phase integer ambiguity resolution A method for performing integer ambiguity resolution in a global navigation satellite system is disclosed. A set of ambiguities, which are associated with carrier phase measurements of at least some of the signals received from the satellites in an identified set of satellites, are identified. Integer ambiguities are estimated and a best candidate set and a second best candidate set of integer ambiguity values are determined. Upon determining that the best set of integer ambiguity values fail to meet a discrimination test, each ambiguity for which integer ambiguity values in the best candidate set and second best candidate set fail to meet predefined criteria are removed from the set of ambiguities to produce a reduced set of ambiguities. The integer ambiguities in the reduced set of ambiguities are then resolved and an output is generated in accordance with the resolved integer ambiguities.
US 20020136233 A1 Chen, Minghua et al. Coordination architecture for wireless communication devices using multiple protocols A system and methods for coordinating transmissions in a wireless network wherein a plurality of frequency-overlapping protocols are used to exchange information between devices. In this system, a coordination point device integrates a monitoring functionality to identify impending data collisions between the frequency-overlapping protocols. The coordination point device further identifies quality of service parameters to determine if the protocols are operating within desirable ranges. Moderation one or more of the protocols is then performed to avoid data collisions arising from overlapping transmissions between the protocols while maintaining data throughput within acceptable ranges.
US 20140310069 A1 Beraudier; Vincent et al. COORDINATED BUSINESS RULES MANAGEMENT AND MIXED INTEGER PROGRAMMING Embodiments of the present invention provide a method, system and computer program product for an integrated business rules management system (BRMS) and mixed integer programming (MIP) technology application deployment. In an embodiment of the invention, a method of rules processing with MIP constraints can include selecting candidate rules from amongst a set of rules in a rules engine executing in memory of a computer and reducing the candidate rules to rules in a conflict set according to constraints specified in the candidate rules. The method also can include conflict resolving the rules in the conflict set and generating an agenda for the rules of the conflict set. Finally, the method can include adding constraints specified in the rules of the conflict set to working memory of the rules engine and applying the rules in the conflict set in agenda order to the working memory.
US 20140201681 A1 Mahaffey; Kevin Patrick et al. METHOD AND SYSTEM FOR MANAGING AND DISPLAYING ACTIVITY ICONS ON A MOBILE DEVICE Embodiments are directed to managing applications and displaying icons on a mobile device through processes that monitor usage of the applications by a user, alter a display of an application icon based on the usage of the application and a context of the mobile device, and suggest substitute or additional applications for installation based on the usage of the application. The context may comprise a location of the device, a time and/or frequency of usage of an application, and an activity associated with the usage of the application. The icon may be minimized or eliminated from display if the usage falls below a defined threshold for a context, or it may be maximized if the usage exceeds the defined threshold for the context.
US 20090144217 A1 Bergsten; Bjorn et al. System and methods for managing rules A method of automatically determining firing priority in a plurality of rules. The method includes the steps of determining a level of dependency of each rule; and generating a hierarchy of rules in response to the level of dependency of each rule, wherein the firing priority corresponds to the hierarchy of rules. In another embodiment, the method further includes the step of determining if the hierarchy results in an inconsistency. In another embodiment, the method further comprises the step of determining if the hierarchy results in a loop. In yet another embodiment, the step of determining a level of dependency of each rule is performed in response to an initial event.
US 20150181310 A1 Hancock; Kenneth S. et al. SYSTEM AND METHOD FOR PRESENTING ADVERTISEMENT PLAYOUT SUMMARIES IN AN INTERACTIVE DISPLAY Systems, methods, computer program products and apparatus are described for presenting an advertisement playout summary in an interactive display, that involve collecting individual playout statistics corresponding to playout of advertisements from at least one advertising insertion computer system; organizing the individual playout statistics into groups, each group having a group identifier; calculating aggregated playout statistics for each group, the aggregated playout statistics comprising a first statistic calculated for the group; generating display information for a displayable grid of blocks, each block displays the group identifier and at least one of the aggregated playout statistics for a respective group, wherein the size and position of the block in the grid depends on the first statistic; and transmitting the display information to a client device to display the grid. The color of a block corresponding to a respective group can depends on a second statistic.
Response to Amendments/Arguments
Applicant’s submitted remarks and arguments have been fully considered.
Applicant disagrees with the Office Action conclusions and asserts that the presented claims fully comply with the requirements of 35 U.S.C. § 101 regrading judicial exceptions.
Examiner respectfully disagrees.
With respect to Applicant’s Remarks as to the claims being rejected under 35 USC § 101.
Applicant submits:
a. The pending claims are not directed to an abstract idea.
b. The identified abstract idea is integrated into a practical application.
c. The pending claims amount to significantly more.
Furthermore, Applicant asserts that the Office has failed to meet its burden to identify the abstract idea and to establish that the identified abstract idea is not integrated into a practical application and that the pending claims do not amount to significantly more.
Examiner responds – The arguments have been considered in light of Applicants’ amendments to the claims. The arguments ARE NOT PERSUASIVE. Therefore, the rejection is maintained.
The pending claims, as a whole, are directed to an abstract idea not integrated into a practical application. This is because (1) they do not effect improvements to the functioning of a computer, or to any other technology or technical field (see MPEP 2106.05 (a)); (2) they do not apply or use the abstract idea to effect a particular treatment or prophylaxis for a disease or a medical condition (see the Vanda memo); (3) they do not apply the abstract idea with, or by use of, a particular machine (see MPEP 2106.05 (b)); (4) they do not effect a transformation or reduction of a particular article to a different state or thing (see MPEP 2106.05 (c)); (5) they do not apply or use the abstract idea in some other meaningful way beyond generally linking the use of the identified abstract idea to a particular technological environment, such that the claim as a whole is more than a drafting effort designated to monopolize the exception (see MPEP 2106.05 (e) and the Vanda memo).
In addition, the pending claims do not amount to significantly more than the abstract idea itself.
As such, the pending claims, when considered as a whole, are directed to an abstract idea not integrated into a practical application and not amounting to significantly more.
More specific:
Applicant submits “Applicant respectfully asserts that the independent claims, as amended, improve the operation of automated advertisement-assignment by providing a particular computational conflict-resolution process using particular machine elements.”
Examiner has carefully considered, but doesn’t find Applicant’s arguments persuasive.
First, MPEP 2106.05(a) discloses that the additional claim elements bring about “improvements to the functioning of a computer, or any other technology or technical field.” Resolving advertisement placement conflicts is a pure BUSINESS problem, rather than a technology or technical field problem. As such, the limitations which have not been deemed as being part of the identified abstract idea, i.e., the “additional elements,” do not integrate the identified abstract idea into a practical application, as disclosed by MPEP 2106.05(a).
Second, MPEP 2106.04(d)(1) discloses:
An important consideration to evaluate when determining whether the claim as a whole integrates a judicial exception into a practical application is whether the claimed invention improves the functioning of a computer or other technology .... In short, first the specification should be evaluated to determine if the disclosure provides sufficient details such that one of ordinary skill in the art would recognize the claimed invention as providing an improvement. The specification need not explicitly set forth the improvement, but it must describe the invention such that the improvement would be apparent to one of ordinary skill in the art .... Second, if the specification sets forth an improvement in technology. the claim must be evaluated to ensure that the claim itself reflects the disclosed improvement. (Emphasis added)
That is, the claimed invention may integrate the judicial exception into a practical application by demonstrating that it improves the relevant existing technology although it may not be an improvement over well-understood, routine, conventional activity. (Emphasis added)`
Thus, the rejection is proper and has been maintained.
Applicant submits “The
independent claims are an improvement because previous advertisement assignment systems could not resolve such conflicts, per paragraph [0002] of the specification, and the independent claims resolve such conflicts with reduced lag or increased speed.”
Examiner has carefully considered, but doesn’t find Applicant’s arguments persuasive.
See the first part of the response immediately above.
Thus, the rejection is proper and has been maintained.
Applicant submits “As such, the claim recites a specific process and function that leverages, at least, a processor, and is deeply rooted in computing technologies.”
Examiner has carefully considered, but doesn’t find Applicant’s arguments persuasive.
Leveraging a processor is not an eligibility criterion (see MPEP 2105.04-07)
Thus, the rejection is proper and has been maintained.
Applicant submits “The specific process eases the load on the processor to make it operate efficiently when assigning the remaining slots to the advertisers.”
Examiner has carefully considered, but doesn’t find Applicant’s arguments persuasive.
There is no discussion about “… eases the load …” in the specification of the instant application.
Thus, the rejection is proper and has been maintained.
Applicant submits “As amended, independent claims 2 and 12 are eligible per MPEP 2106.04(d)(l) because each recites meaningful limits that go beyond generally linking the use of the judicial exception to a particular technological environment.”
Examiner has carefully considered, but doesn’t find Applicant’s arguments persuasive.
It appears that applicant refers to MPEP 2106.05(e). The paragraph does not require the limits to be meaningful, it requires that “the judicial exception is applied or used in a “meaningful way.”
Further, applicant appears to refer to MPEP 2106.05(h). However, that particular paragraph denotes a limitation that is not indicative of integration into a practical application (see MPEP 2106.05(h)).
Thus, the rejection is proper and has been maintained.
It follows from the above that there are no meaningful limitations in the claims that transform the judicial exception into a patent eligible application such that the claims amount to significantly more than the judicial exception itself. Therefore, the rejection under 35 U.S.C. § 101 is maintained.
With respect to Applicant’s Remarks as to the claims being rejected under 35 USC § 103.
The rejection has been withdrawn as a result of the amendments. The prior art of record does not disclose at least:
Examiner has reviewed and considered all of Applicant’s remarks. The rejection is maintained, necessitated by the fact that the rejection of the claims under 35 USC § 101 has not been overcome.
Conclusion
THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Inquiries
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Radu Andrei whose telephone number is 313.446.4948. The examiner can normally be reached on Monday – Friday 8:30am – 5pm EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Hayes can be reached at 571.272.6708. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Any response to this action should be mailed to:
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or faxed to 571-273-8300
/Radu Andrei/
Primary Examiner, AU 3697
